MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           28 October 1998                   
	DOCKET NUMBER:   AC98-10411

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V, O’Connor, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show his entitlement to award of the Purple Heart for wounds received in October 1966 (shrapnel wound) and August 1967 (left wrist injury from a helicopter crash).

APPLICANT STATES:  That he never received his Purple Heart.  He provides an undated copy of a letter of support from another former soldier and a letter from his former platoon leader, to his mother, explaining that he was “slightly wounded in the leg back in September while going to Jungle school”. 

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 15 March 1966.  He served in the Republic of Vietnam from 9 September 1966 to 8 September 1967.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The letter of support from a former soldier fails to give evidence of any of the regulatory requirements set forth to qualify for award of the Purple Heart.  The information provided is vague and at odds with the applicant’s claim.  His letter indicates the applicant was wounded in the leg on night ambush patrol in September 1966.

2.  The letter from his platoon leader to his mother, dated 25 December 1966, indicates the applicant was concerned that his mother was under the impression he had been wounded in action recently and he wanted to clarify that he had not been wounded in action.  The platoon leader indicated the applicant had been slightly wounded in the leg back in September while going to Jungle school.  That it was not a serious wound.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JHL____  CWB_____  RVO____  DENY APPLICATION

						Loren G. Harrell
						      Director